Table 6 Criminal act articles regarding sexual violence in Indonesian laws and regulations

Penal Code No. 1 Year 1946

Article 285

Any person who by using force or the threat of force forces a woman to have sexual intercourse with him out of marriage shall, being guilty of rape, be punished with a maximum imprisonment of twelve years.

Article 286

Any person who out of marriage has carnal knowledge of a woman who he knows is unconscious or helpless shall be punished by a maximum imprisonment of nine years.

Article 287

(1) Any person who out of marriage has carnal knowledge of a woman who he knows or reasonably should presume has not yet reached the age of fifteen years or, if it is not obvious from her age, that she is not yet marriable, shall be punished by a maximum imprisonment of nine years.

(2) A prosecution shall be instituted only by complaint, unless the woman has not yet reached the age of twelve years or one of the cases of Articles 291 and 294 is present.

Article 288

(1) Any person who in marriage has carnal knowledge of a woman who he knows or reasonably should presume is not yet marriable shall, if the act results in bodily harm, be punished by a maximum imprisonment of four years.

(2) If the act results in serious physical injury, a maximum imprisonment of eight years shall be imposed.

(3) If the act results in death, a maximum imprisonment of twelve years shall be imposed.

Article 289

(1) Any person who by using force or the threat of force forces someone to commit or tolerate obscene acts shall, being guilty of factual assault of the chastity, be punished by a maximum imprisonment of nine years.

Article 290

By a maximum imprisonment of seven years shall be punished:

(1) any person who commits obscene acts with someone who he knows is unconscious or helpless;

(2) any person who commits obscene acts with someone who he knows or reasonably should presume has not yet reached the age of fifteen years or, if it is not obvious from her age, is not yet marriable;

(3) any person who seduces someone who he knows or reasonably should presume has not yet reached the age of fifteen years or, if it is not obvious from the age, is not yet marriable, into committing or tolerating obscene acts or to have carnal knowledge, out of marriage, of a third party.

Article 292

Any adult who commits any obscene act with a minor of the same sex whose minority he knows or reasonably should presume shall be punished by a maximum imprisonment of five years.

Article 293

(1) Any person who, by gifts or promises of money or goods or abuse of dominance resulting from factual relationship or deceit, intentionally forces a minor, whose minority he knows or reasonably should presume, to commit any obscene act with him or to tolerate such act shall be punished by a maximum imprisonment of five years.

Article 294

Any person who commits any obscene act with his under-aged child, stepchild or foster child; his student; a minor entrusted to his care, education or vigilance; or his underaged servant or subordinate shall be punished by a maximum imprisonment of seven years.

Rape (article 285–288)

• the word rape is mentioned only in article 285, while another article uses the term sexual intercourse;

• definition of rape solely addresses rape occurring in women and committed by men outside a marriage relationship; thus, the definition is not gender-neutral;

• there must be coercion using violence or the threat of violence;

• men cannot be victims of rape

• requires a ‘carnal knowledge’ or penetration by male genitals into female genitals as valid evidence;

• sexual intercourse with a woman who is underage (not yet 15 years old or has not yet reached menarche);

• the female victims of rape under the age of 15 should submit a formal complaint to have their cases investigated

• sexual intercourse with a wife who is underage that causes injury, serious injury or death;

Obscene (article 289–294)

• women and men could be victims;

• any actions taken to satisfy sexual desire, not necessarily penetration;

• penetration of a genital organ into another genital organ;

• there must be coercion using violence or the threat of violence

The Children Rights Protection Law No.23 Year 2002

Article 81

(1) Everyone who deliberately commits violence or threats of violence, forcing a child to commit sexual intercourse with him or with others, is subject to a maximum penalty of 15 (fifteen) years of imprisonment and 3 (three) years at most and a fine of IDR 300.000.000 (three hundred million) at most and IDR 60.000.000 (sixty) million at least.

(2) Provision of crimes as meant in verse (1) also applies for every man who deliberately plays tricks, tells a series of lies, or persuades a child to commit sexual intercourse with him or others.

Sexual violence

• boys and girls could be victims;

• existence of violence or the threat of violence;

• existence of a ruse;

• existence of a series of lies;

• existence of persuasion;

• existence of sexual intercourse with a child

The Elimination of Violence in Household Law No.23 Year 2004

Article 1

In this Law the definition of:

(1) Violence in the household shall be any act against anyone, particularly women, bringing about physical, sexual, or psychological misery or suffering and/or negligence of household, including threatening to commit an act, forcing, or seizure of freedom in a manner against the law within the scope of the household.

Article 5

Anyone shall be prohibited to carry out violence in a household against an individual within the scope of the household be means of: a. physical violence; b. psychological violence; c. sexual violence; or d. negligence of household.

Article 8

The sexual violence referred to in Article 5 letter c shall include:

a. forcing sexual intercourse carried out against an individual living within the scope of the household;

b. forcing sexual intercourse against one of the individuals within the scope of the household for commercial purpose and/or a certain purpose.

Article 46

Any individual that commits sexual assault as mentioned in article 8 point a shall be punished with imprisonment of twelve (12) years or a fine of not more than IDR 36.0000.000 (thirty-six million rupiah).

Article 53

The above sexual assault as mentioned in Article 46 conducted by the husband to his wife or vice versa is considered as a complaint offense.

Sexual violence

• existence of relationships within the scope of a household as stipulated in this Act between the offender and the victim;

• existence of coercion of sexual intercourse, unusual or dislike for sexual intercourse

• existence of coercion of sexual intercourse for commercial purposes or other purposes;

• There are negative consequences (injury, mental problems, economic problems).